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THIS "AGREEMENT" GOVERNS CLIENT PURCHASE AND ONGOING USE OF WeGeekS' SERVICES.
BY ACCEPTING THIS AGREEMENT, OR ORDER FORM WHICH REFERENCES THIS AGREEMENT, CLIENT AGREES TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "CLIENT" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.
Terms and Conditions
1. Scope of Work
WeGeekS is to provide personnel requested by Client to perform various tasks as requested by Client, including but not limited to development, testing, research, bug fixing, which are all chargeable activities. Client has the right to interview and decides to accept the personnel. This service is billable based on timesheet, not deliverable. WeGeekS is not responsible of the delivery or performance of the personnel.
2. Resource Ramp Up or Down
Client can request additional personnel via the WeGeekS platform, which is subject to availability. Client must provide sufficient notice to WeGeekS and its personnel if Client chooses to terminate, or if Client’s project is coming to an end.
3. Work Day
A work day is based on a eight (8) hours work day as mandated by the Indonesian labour laws commencing from 9am to 6pm (including a 1 hour lunch break). If the personnel/resources are required to work overtime, weekends or public holidays, such arrangements shall be agreed in advance with the personnel.
4. Work Location
The primary place of performance for all personnel will be at WeGeekS & its affiliate offices in Indonesia, or at places chosen by the personnel themselves. Any other arrangements shall be agreed in advance with WeGeekS.
5. Start of Work
Once Client request is accepted by the personnel, the start date of work will be decided by both Client and the personnel.
6. Work Tasks
Client must provide tasks within 2 working days after acceptance by personnel. Client must provide items that is out of scope of the personnel, but is necessary for project completion and acceptance, as scheduled.
7. Fees & Invoice
Fees are according to rate published on WeGeekS website. All prices are valid for a minimum of 12 months after this Agreement is agreed. Pricing increase thereafter, if any, will be notified 30-day in advance by WeGeekS to Client, and will not exceed 10% annually.
Invoice from WeGeekS wll be issued to Client for services performed and submitted by personnel. The services description will be in a form of Completion Report. Client must respond to personnel submission within 2 working days after the submission date.
8. Payment of Invoice
Payment is valid only when paid via the platform, or via wire transfer to:
All payments are non-refundable.
Client is required to send a notification of payment and its proof to WeGeekS after invoice payment by wire transfer.
Client is to do wire transfer with Full Amount before the due date stated, and any transfer fee that incurs on Client's bank will be covered by Client.
WeGeekS may terminate the services in the Order Form and/or this Agreement, immediately in case of non-full payment of more than 15 days after the due date.
9. Relationship of Parties
Client and WeGeekS agree that WeGeekS is solely a freelancer platform for purposes of this Agreement. Both Parties are not and will not represent that it is an agent and/or employee(s) of the other Party and each Party shall have no power, express or implied, to act for or on behalf of the other Party, or to bind the other Party in any manner without the other Party’s permission.
10. Manner of Notice
Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to Client shall be addressed to the product manager designated by Client, and in the case of billing-related notices, to the relevant billing contact designated by Client.
11. Complaints and Disputes
Client has the right to complain against WeGeekS’ personnel performance. WeGeekS will then explain the problems when necessary and rectify its performance, or provide a replacement. In no event that a complaint can be made as a justification to delay of payment or cancellation of full payment. Any dispute or complaint needs to be raised by Client a maximum 3 (three) work days after occurrence, to be resolved together by both Parties.
12. Contract Length and Termination
This Agreement is valid from the date of signing until 12 months after. This Agreement is automatically extended until a termination notice by either Party
Termination of this Agreement can be done with a 2-week notice by either Party. If either Party materially breaches this Agreement, the other Party has the right to terminate this Agreement immediately.
13. Confidentiality
Client is responsible for the risk of disclosing data, code, providing access, and other confidential information which Client gives to personnel during the course of this Agreement.
Any necessary additional agreements needed must be done by both Client and personnel.
WeGeekS is not responsible for any breach or security issues which may arise due to personnel work.
14. Non-solicitation
Client shall not, either during this Agreement or after this Agreement ends, either alone or jointly with or on behalf of any other person, firm or company employ any person who during this Agreement is a WeGeekS personnel introduced to Client. Client can pay recruitment fee of US$10,000 (ten thousand dollars) to WeGeekS per personnel, provided that the said personnel is willing to join Client company. If Client is found to employ a WeGeekS personnel directly or indirectly without paying recruitment fee above, Client agrees to pay a penalty of US$50,000 (fifty thousand dollars) per personnel.
15. Client project legalities
Client must be certain that, the work that Client instructs WeGeekS to do abide by the laws and regulations that prevail. Client is to be fully responsible for any legality issues that may arise.
16. Limitation of Liability, Indemnification
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the use of the software or service deliverables. Client will indemnify and hold WeGeekS harmless against any claims incurred arising out of or in conjunction with Client's breach of this Agreement, as well as all reasonable costs, expenses and attorney's fees incurred therein. WeGeekS’s total liability under this Agreement with respect to the services, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by Client to WeGeekS for the prior 3 (three) months.
17. Force Majeure
1) Force majeure means conditions beyond the Parties’ reasonable control. This may include any act of God or terrorism, war, fire, flood, strikes, lockouts, delays in transport, breakdowns in machinery, restrictions or prohibitions by any government or semi-government authority, embargoes, or any conditions affecting the Party’s ability to comply with its obligations under the Agreement.
2) In the event of a Force Majeure on a party affected by the condition, that party must notify the other party within 1 (day) day of the occurrence of the Force Majeure condition. Furthermore, the Parties will arrange deliberation to address the Force Majeure condition
18. Governing Law
Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
19. No Conflict
Client and WeGeekS hereby represent and warrant to each other that acceptance of this Agreement does not and will not violate or otherwise conflict with any other agreement to which they may be a party.
20. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporary agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted
WeGeekS is to provide personnel requested by Client to perform various tasks as requested by Client, including but not limited to development, testing, research, bug fixing, which are all chargeable activities. Client has the right to interview and decides to accept the personnel. This service is billable based on timesheet, not deliverable. WeGeekS is not responsible of the delivery or performance of the personnel.
2. Resource Ramp Up or Down
Client can request additional personnel via the WeGeekS platform, which is subject to availability. Client must provide sufficient notice to WeGeekS and its personnel if Client chooses to terminate, or if Client’s project is coming to an end.
3. Work Day
A work day is based on a eight (8) hours work day as mandated by the Indonesian labour laws commencing from 9am to 6pm (including a 1 hour lunch break). If the personnel/resources are required to work overtime, weekends or public holidays, such arrangements shall be agreed in advance with the personnel.
4. Work Location
The primary place of performance for all personnel will be at WeGeekS & its affiliate offices in Indonesia, or at places chosen by the personnel themselves. Any other arrangements shall be agreed in advance with WeGeekS.
5. Start of Work
Once Client request is accepted by the personnel, the start date of work will be decided by both Client and the personnel.
6. Work Tasks
Client must provide tasks within 2 working days after acceptance by personnel. Client must provide items that is out of scope of the personnel, but is necessary for project completion and acceptance, as scheduled.
7. Fees & Invoice
Fees are according to rate published on WeGeekS website. All prices are valid for a minimum of 12 months after this Agreement is agreed. Pricing increase thereafter, if any, will be notified 30-day in advance by WeGeekS to Client, and will not exceed 10% annually.
Invoice from WeGeekS wll be issued to Client for services performed and submitted by personnel. The services description will be in a form of Completion Report. Client must respond to personnel submission within 2 working days after the submission date.
8. Payment of Invoice
Payment is valid only when paid via the platform, or via wire transfer to:
| Beneficiary Name: | Kirana Tama Teknologi PT |
| Beneficiary Bank: | PT Bank Maybank Tbk Indonesia |
| Beneficiary Account: | 221-919-6114 |
| SWIFT Code: | IBBKIDJA |
| Bank Address: | Ruko Sumber Sari No.130 Bandung, Jawa Barat, Indonesia |
All payments are non-refundable.
Client is required to send a notification of payment and its proof to WeGeekS after invoice payment by wire transfer.
Client is to do wire transfer with Full Amount before the due date stated, and any transfer fee that incurs on Client's bank will be covered by Client.
WeGeekS may terminate the services in the Order Form and/or this Agreement, immediately in case of non-full payment of more than 15 days after the due date.
9. Relationship of Parties
Client and WeGeekS agree that WeGeekS is solely a freelancer platform for purposes of this Agreement. Both Parties are not and will not represent that it is an agent and/or employee(s) of the other Party and each Party shall have no power, express or implied, to act for or on behalf of the other Party, or to bind the other Party in any manner without the other Party’s permission.
10. Manner of Notice
Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to Client shall be addressed to the product manager designated by Client, and in the case of billing-related notices, to the relevant billing contact designated by Client.
11. Complaints and Disputes
Client has the right to complain against WeGeekS’ personnel performance. WeGeekS will then explain the problems when necessary and rectify its performance, or provide a replacement. In no event that a complaint can be made as a justification to delay of payment or cancellation of full payment. Any dispute or complaint needs to be raised by Client a maximum 3 (three) work days after occurrence, to be resolved together by both Parties.
12. Contract Length and Termination
This Agreement is valid from the date of signing until 12 months after. This Agreement is automatically extended until a termination notice by either Party
Termination of this Agreement can be done with a 2-week notice by either Party. If either Party materially breaches this Agreement, the other Party has the right to terminate this Agreement immediately.
13. Confidentiality
Client is responsible for the risk of disclosing data, code, providing access, and other confidential information which Client gives to personnel during the course of this Agreement.
Any necessary additional agreements needed must be done by both Client and personnel.
WeGeekS is not responsible for any breach or security issues which may arise due to personnel work.
14. Non-solicitation
Client shall not, either during this Agreement or after this Agreement ends, either alone or jointly with or on behalf of any other person, firm or company employ any person who during this Agreement is a WeGeekS personnel introduced to Client. Client can pay recruitment fee of US$10,000 (ten thousand dollars) to WeGeekS per personnel, provided that the said personnel is willing to join Client company. If Client is found to employ a WeGeekS personnel directly or indirectly without paying recruitment fee above, Client agrees to pay a penalty of US$50,000 (fifty thousand dollars) per personnel.
15. Client project legalities
Client must be certain that, the work that Client instructs WeGeekS to do abide by the laws and regulations that prevail. Client is to be fully responsible for any legality issues that may arise.
16. Limitation of Liability, Indemnification
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the use of the software or service deliverables. Client will indemnify and hold WeGeekS harmless against any claims incurred arising out of or in conjunction with Client's breach of this Agreement, as well as all reasonable costs, expenses and attorney's fees incurred therein. WeGeekS’s total liability under this Agreement with respect to the services, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by Client to WeGeekS for the prior 3 (three) months.
17. Force Majeure
1) Force majeure means conditions beyond the Parties’ reasonable control. This may include any act of God or terrorism, war, fire, flood, strikes, lockouts, delays in transport, breakdowns in machinery, restrictions or prohibitions by any government or semi-government authority, embargoes, or any conditions affecting the Party’s ability to comply with its obligations under the Agreement.
2) In the event of a Force Majeure on a party affected by the condition, that party must notify the other party within 1 (day) day of the occurrence of the Force Majeure condition. Furthermore, the Parties will arrange deliberation to address the Force Majeure condition
18. Governing Law
| You are contracting with: | PT Kirana Tama Teknologi Lima Building Jl. Sunda 59-61 Bandung, Indonesia 40112 |
| Represented by: | David Angga Prasetya CEO |
| The governing law is: | Indonesia Law |
| The courts having exclusive jurisdiction are: | Indonesia |
Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
19. No Conflict
Client and WeGeekS hereby represent and warrant to each other that acceptance of this Agreement does not and will not violate or otherwise conflict with any other agreement to which they may be a party.
20. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporary agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted
All parties to this Agreement represent that they have read this Agreement and fully understand all of its terms; that they have executed this Agreement without coercion or duress of any kind; that they understand any right they may have; and that they accept this Agreement with full knowledge of such rights.